Latin Legal Maxims: Understanding Key Principles
Latin Legal Maxims
Delegatus Non Potest Delegare
Delegata potestas non potest delegari, meaning “no delegated powers can be further delegated,” is a crucial principle in constitutional and administrative law. It signifies that a person entrusted with power, trust, or authority cannot delegate this responsibility unless explicitly authorized. For instance, an auditor appointed to audit a company’s accounts cannot delegate the task without express permission. Acting without such authorization would be considered ultra vires (beyond one’s legal power).
Preamble
A preamble is an introductory statement in a document that explains its purpose and underlying philosophy. In statutes, it may outline historical facts relevant to the subject matter. It is distinct from the long title or enacting formula of a law.
The Golden Rule
The golden rule aims to interpret the meaning of words in legal texts to avoid absurd outcomes. It modifies the literal rule by allowing for flexibility when a literal interpretation would lead to nonsensical results. There are two variants: the narrow golden rule and the wide golden rule.
Bonam Partem
The principle of ‘Bonam Partem’ involves interpreting words in their least aggravated or most favorable sense. It is closely related to the principle of ‘Mitiori Sensu,’ which means interpreting words in their milder sense.
Expressio Unius Est Exclusio Alterius
This maxim states that the express mention of one thing excludes others. For example, a sign stating “no dogs allowed” implies that other animals, such as lions, are permitted, but guide dogs are excluded.
Actor Sequitur Forum Rei
This Roman maxim means that the plaintiff must follow the forum (court) of the defendant’s domicile or where the cause of action arose.
Generalia Specialibus Non Derogant
This maxim states that the provisions of a general statute must yield to those of a special one. In other words, subsequent general legislation does not override a prior special Act.